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State Employment Law Articles
Article Index » california » human resources » Military Leave
Report Link Arbitration Agreement Covers USERRA Claim; Will California Courts Follow?
Barker Olmsted & Barnier - September 04, 2008
Employee arbitration agreements are a good way to keep lawsuits out of court. There are pros and cons to using such agreements. But where employers elect to use arbitration agreements, they usually seek to cover all types of employee claims.
Report Link Broad Release Does Not Bar Military Leave Claims, California Appellate Court Rules.
Jackson Lewis LLP - January 03, 2008
A California appellate court has ruled that a broad employment severance agreement, including a release of claims under "any other federal or state law," was unenforceable under the Uniformed Services Employment and Reemployment Rights Act ("USERRA") to the extent the release sought to cover claims for wrongful termination based on the plaintiff's military service. Perez v. Unline, Inc., No. G036939 (Cal. Ct. App. Dec. 6, 2007). The release was enforceable, however, as to the plaintiff's claims for overtime and defamation.
Report Link California's New Leave for Military Spouses.
Shaw Valenza LLP - November 26, 2007
On October 9, 2007, the Governor signed a bill allowing spouses of military personnel to take unpaid time off during the other spouse’s leave from deployment. California Military and Veterans Code section 395.10 was passed as “emergency legislation” and went into effect immediately. The stated intent of the new law is to “serve the families of those troops currently serving in military conflicts in Iraq and Afghanistan, and to assure that these families are able to spend time together during the qualified [spouse’s] leave from deployment.
Report Link California's New Leave Law for the Spouses of Military Members.
Littler Mendelson, P.C. - October 18, 2007
Despite vetoing proposed bills that would have extended California leave laws in other respects, on October 9, 2007, Governor Schwarzenegger signed into law Assembly Bill 392. The new law requires public and private employers who employ over 25 employees to provide up to 10 days of unpaid leave for a "qualified" employee if the employee's military spouse is on a leave period from deployment in a combat zone with the active duty, reserve military or National Guard during a period of military conflict. The law also makes it unlawful for an employer to retaliate against a qualified employee for requesting or taking leave permitted by the new law.
Report Link California Adopts Military Spouse Leave Law
Ford & Harrison LLP - October 17, 2007
Effective immediately, California employers must, under certain circumstances, provide up to ten days of unpaid leave to employees who have spouses in the military.
Report Link Ongoing Military Build-Up Means That More Employers Have Obligations to Employees on Military Leave.
Luce, Forward, Hamilton & Scripps LLP - February 04, 2003
In California, employers have obligations under both the California Military and Veterans Code and the federal Uniformed Services Employment and Reemployment Rights of Act of 1994 ("USERRA").

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